Sabrina Tripolitano

The father brought a motion to change a 2014 joint custody order, seeking to remove the mother's tie-breaking authority for major decisions and establish an equal parenting time schedule.

The court applied the Gordon v. Goertz test for material change in circumstances.

While acknowledging ongoing parental conflict, the court found that the father failed to meet the threshold for a material change regarding decision-making authority, dismissing his request to remove the mother's tie-breaking power.

The court emphasized the importance of a clear decision-maker in high-conflict situations to prevent further power struggles and delays detrimental to the child's best interests.

However, the court did order a revised parenting schedule, transitioning to equal time sharing by summer 2024, and addressed other practical parenting issues.

A motion to vary a temporary care and custody order under the Child and Family Services Act.

The applicant Children's Aid Society sought to change the joint week-about custody arrangement to place the child in the sole care of the father and step-mother, with alternate weekend access to the mother, subject to society supervision.

The respondent mother opposed the variation, arguing there had been no material change in circumstances.

The court found that the mother's unilateral change to the child's medication without consulting the father or society, combined with her unilateral decisions regarding the child's services, constituted a material change in circumstances that affected the risk of harm to the child.

The court granted the variation, finding that the child required a stable, consistent environment with one decision-maker for medical, educational, and behavioural matters.